Legal Question in Family Law in New Jersey

Child support, neither parent wants it??

I live in NJ and have been married for 14 years, my wife and I have been together for 19.

We have three children 19,15 & 12. The 19yr old is not my biological

child. She was pregnant when we met but I decided to stay with her. I

raised this child as my own and do not wish to change this at all, this child has never met his biological

father, nor has this biological father been involved in the child's

life in any way shape or form.

We then had two more children in the following years. We are now

getting divorced. She does not want anything from me, alimony or

child support included. She just wants to keep some collections that she/we have collected over the years. Collectable items that have a high market value. I am fine with this.

The children will have there legal residents with me, but we will have joint custody. My income is

approx double what her's is. Do I have to pay child support by law or

will she? Even though neither of us wants that? If mandated by the court can we simply not collect it and act as if we are?


Asked on 1/08/08, 7:49 am

4 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Child support, neither parent wants it??

If you have primary residential custody of the children she must pay you child support consistent to her income level as is reflected in the Child Support Guidelines For The State Of New Jersey. You are required to compel her to pay child support.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/08/08, 9:45 am
Gary Moore Gary Moore Attorney At Law

Re: Child support, neither parent wants it??

If you have primary residential custody of the children she must pay you child support consistent to her income level as is reflected in the Child Support Guidelines For The State Of New Jersey. You are required to compel her to pay child support.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 1/08/08, 9:46 am
Gary Moore Gary Moore Attorney At Law

Re: Child support, neither parent wants it??

If you have primary residential custody of the children she must pay you child support consistent to her income level as is reflected in the Child Support Guidelines For The State Of New Jersey. You are required to compel her to pay child support.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 1/08/08, 9:47 am
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Child support, neither parent wants it??

If the children reside with you, you are the PPR and are supposed to receive child support because it is for the benefit of the children.

Depending on parenting time (credits for overnights), health insurance credits and other items, it might be possible to show that you are not entitled to receive child support.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/08/08, 7:02 pm


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